News

Court overturns jawbreaking conviction

A MACKAY visitor convicted of breaking a man's jaw over a nightclub seating spat has been acquitted of the offence.

Kevin David Thomson, 43, from Grasmere in southern Sydney, was sentenced to two years and six months in jail after a jury found him guilty of grievous bodily harm in August this year. 

The Queensland Court of Appeal found the evidence against Mr Thomson was insufficient to satisfy a jury beyond reasonable doubt of his guilt.

Three appeal court justices acquitted him of the assault on July 24, 2014 in the male toilets of Rum Bar in Mackay.

The appeal judgment, handed down on Tuesday, detailed how the assault occurred after the alleged victim told someone to "F...... off,” after they told him he was sitting in their seat.

About 20 minutes later, he was punched in the head in the toilets.

The case against Mr Thomson, who was alleged to have committed the offence while in Mackay for a mining conference, came down to identity.

The appeal court agreed there was not enough evidence to prove Mr Thomson was the person in the toilet where the assault happened.

The victim of the assault could not describe the person he argued with over the seat, or the person who attacked him in the toilet.

The trial jury relied on witness testimony from various patrons and a security guard who were present on the night.

Justice David Boddice said witness descriptions of the alleged assailant were "fleeting” and did not at all uniquely identify Mr Thomson.

Witnesses described the assailant as a "big guy”, who had a proportionate build.

There was conjecture over whether the assailant was wearing a dress shirt or a black t-shirt, like the one Mr Thomson was wearing.

There were also no marks found on Mr Thomson's hands.

- ARM NEWSDESK

Topics:  assault mackay queensland court of appeal


Stay Connected

Update your news preferences and get the latest news delivered to your inbox.

Daylight saving: 'Draw a line from Goondiwindi to Rocky'

Sunset in maryborough, Queensland. - User Contributed

Just draw a line from Goondiwindi to Rockhampton

Buses run for free on New Year's Eve

Public transport on the Sunshine Coast will be free from 8.45pm on New Year's Eve.

More than 20 extra buses being put on to cope with demand

Local Partners

Inside the fire zone: Coolum blaze devastation

GRAPHIC IMAGE WARNING: Shocking images are starting to emerge of the devastation caused by the Coolum bushfire.

Puppetry of the Penis secrets revealed ahead of show

The famed Puppetry of the Penis is coming to the Sunshine Coast for shows in Noosa and Caloundra.

WARNING: This interview contains adult themes and traces of nuts

Noll meltdown won't affect Gympie Oz Day concert

Shannon Noll

Photo Contributed

Shannon Noll is still expected to perform in Gympie next Thursday

The surprising problem police face at Woodford Folk Festival

STREET SCENE: Woodford Folk Festival 2016.

The biggest issue for police at Woodfordia is not what you'd expect

Lion roars to straight to No 1 at Aussie box office

Nicole Kidman, David Wenham and Sunny Pawar in a scene from the movie Lion.

THE Australian-made movie a hit, while Rogue One nears record mark.

Ozzy Osbourne fell asleep during his driving test

Not a good idea to give Ozzy a Ferrari

Kristen Stewart to host SNL

Kristen Stewart will host a pre-Super Bowl episode of SNL next month

Louis Tomlinson celebrated his son's first birthday

Louis Tomlinson and Briana Jungwirth celebrate son's first birthday

Kylie Minogue will take husband's name

Kylie Minogue will take her fiancé Joshua Sasse's surname

Nicole reveals her biggest parenting challenges

Actress Nicole Kidman.

Nicole Kidman says her kids are ‘deeply attuned' to her moods.

Why investors are flocking to Moranbah

Moranbah homes are selling like hotcakes, creating a supply problem

Investors are scrambling to get into the market

Stockland's $150m pitch: Build it and they will come

Gladstone Marina. The Gladstone Regional Council offers a range of exciting job opportunities. Photo Contributed: Murray Ware.

Here's why we need to see Stockland upgrade start soon.

By the water's edge

Secure your seachange

HOT PROPERTY: Money to spend on land, buildings

File picture.

Sale, leasing of industrial real estate picks up in Mackay

Collapsed Coast company could owe up to $5 million

Staff, ATO, landlords among those out of pocket.

Ready to SELL your property?

Post Your Ad Here!